Township of Ross, PA RECYCLING

This Part is enacted pursuant to the Solid Waste Management Act, P.L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq., and the Municipal Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28, 1988, 53 P.S. § 4000.101 et seq.

§ 20-203 Purpose and Goals.

[Ord. 1710, 9/10/1990, § 3]

It is the purpose of this Part to:

Require waste reduction and recycling as a means of managing municipal waste, conserving resources and supplying energy.

Protect the public health, safety and welfare from the short and long term dangers of collection, transportation, processing and storage of municipal waste.

Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management program.

Establish and implement within the Township of Ross a recycling program to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.

Recycle at least 25% of all municipal waste and source-separated recyclable materials generated in the Township of Ross on and after January 1, 1997.

The weight of volume of municipal waste generated per capita in the Township of Ross on January 1, 1997, should, to the greatest extent practicable, be less than the weight or volume of municipal waste generated per capita on the effective date of this Part.

Each person living or working in the Township of Ross shall be taught the economic, environmental, and energy value of recycling and waste reduction, and shall be encouraged through a variety of means to participate in such activities.

The Township of Ross shall, to the greatest extent practicable, procure and use products and materials with recycled content, and procure and use materials that are recyclable.

§ 20-204 Definitions.

[Ord. 1710, 9/10/1990, § 4; as amended by Ord. 2288, 4/12/2010]

The following words and phrases when used in this Part shall have the meanings given to them in this section unless the context indicates otherwise:

ABATEMENT

The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person.

AVERAGE DAILY VOLUME

The mean daily volume received at a facility taking into account weather, seasonable variations, scheduled community cleanup days and other factors.

COMMONWEALTH AGENCY

The commonwealth and its departments, boards, commissions, and agencies, commonwealth owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority, and any other authority now in existence or hereafter created or organized by the commonwealth.

DEGRADABLE PLASTIC BEVERAGE CARRIER

Plastic beverage carriers that degrade by biological processes, photodegradation, chemodegradation or degradation by other natural processes. The degradation process does not produce or result in a residue or by-product considered to be hazardous waste.

DEPARTMENT

The Department of Environmental Protection of the commonwealth and its authorized representatives.

DISPOSAL

The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth.

FEASIBILITY STUDY

A study which analyzes a specific municipal waste processing or disposal system to assess the likelihood that the system can be successfully implemented including, but not limited to, an analysis of the prospective market, the projected costs and revenues of the system, the municipal waste-stream that the system will rely upon and various options available to implement the system.

HOST MUNICIPALITY

The municipality other than the county within which a municipal waste landfill or resource recovery facility is located or is proposed to be located.

LEAF WASTE

Leaves, garden residue, shrubbery and tree trimmings, and similar material, but not including grass clippings.

LOCAL PUBLIC AGENCY

(1)

Counties, cities, boroughs, towns, townships, school districts, and any other authority now in existence or hereafter created or organized by the commonwealth.

(2)

All municipal or school or other authorities new in existence or hereafter created or organized by any county, city, borough, township or school district or any combination thereof.

(3)

Any and all other public bodies, authorities, councils of governments, officers, agencies or instruments of the foregoing, whether exercising a governmental or proprietary function.

MANAGEMENT

The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.

MUNICIPAL RECYCLING PROGRAM

A source separation and collection program for recycling the Township of Ross's waste or source separated recyclable materials, or a program for designated drop-off points or collection centers for recycling the Township of Ross waste or source-separated recyclable materials, that is operated by or on behalf of the Township of Ross. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of the Township of Ross. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

MUNICIPAL WASTES

Any garbage, refuse, industrial lunchroom or office waste and other material including, solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., from a municipal, commercial, or institutional water supply treatment plant, waste treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

MUNICIPAL WASTE LANDFILL

Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act, 35 P.S. § 6018.101 et seq. The term does not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

MUNICIPALITY

The Township of Ross, Allegheny County, Pennsylvania.

OPERATOR

A person engaged in solid waste processing or disposal. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this Part.

PERSON

Any individual, partnership, corporation, association, institution, or cooperative enterprise. In any provisions of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

PLASTIC BEVERAGE CARRIER

Plastic rings or similar plastic connectors used as holding devices in the packaging of beverages including, but not limited to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.

POLLUTION

Contamination of any air, water, land or other natural resources of the Township of Ross that will create, or is likely to create, a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

POST-CONSUMER MATERIAL

Any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purposes of collection, recycling, and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

PROJECT DEVELOPMENT

Those activities required to be conducted prior to constructing a processing or disposal facility that has been shown to be feasible, including, but not limited to, public input and participation, siting, procurement and vendor contract negotiations, and market and municipal waste supply assurance negotiations.

PUBLIC AGENCY

Any commonwealth agency or local public agency.

RECYCLED CONTENT

Goods, supplies, equipment, materials and printing containing post-consumer materials.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.

RECYCLING FACILITIES

A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968, P.L. 1040, No. 318, known as the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq. The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937, P.L. 1897, No. 394, known as the Clean Streams Law, 35 P.S. § 691.1 et seq.

RESOURCE RECOVERY FACILITY

A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including, but not limited to, a facility that mechanically extracts materials from municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off-site, whether or not the facility is operated to recover energy. The term does not include:

(1)

Any composting facility.

(2)

Methane gas extraction from a municipal waste landfill.

(3)

Any separation and collection center, drop-off point or collection center for recycling or any source separation or collection center for composting leaf waste.

(4)

Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.

SOLID WASTE

Any waste including, but not limited to, municipal, residual or hazardous wastes including, solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings.

SOLID WASTE MANAGEMENT ACT

The Act of July 7, 1980, P.L. 380, No. 97, 32 P.S. § 680.1 et seq.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials that are separated from municipal waste at the point or origin for the purpose of recycling.

STORAGE

The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

TREATMENT

Any method, technique or process including, but not limited to, neutralization, designed to change the physical, chemical or biological character or composition of any municipal waste so as to neutralize such waste or so as to render such waste safer for transport, suitable for recovery, suitable for storage or reduced in volume.

WASTE REDUCTION

Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal including, but not limited to:

(1)

Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability.

(2)

Use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.

§ 20-205 Powers, Duties and Responsibilities of the Township of Ross.

[Ord. 1710, 9/10/1990, § 5]

Responsibilities. The Township of Ross shall have the power and its duty shall be to assure the proper and adequate transportation, collection and storage of municipal waste which is generated or present within its boundaries, to assure adequate capacity for the disposal of municipal waste generated within its boundaries by means of the procedure set forth in § 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.1111 and to adopt and implement a program for the collection and recycling of municipal waste or source-separated recyclable materials as provided in this Part.

Powers. In carrying out its duties under this section, the Board of Commissioners may adopt resolutions establishing procedures, regulations and standards for the recycling, transportation, storage and collection of municipal wastes, or source-separated recyclable materials which shall not be less stringent than, and not in violation of or inconsistent with, the provisions and purposes of the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and the regulations promulgated pursuant thereto.

Duties. The Township of Ross shall implement the provisions of this Part by collecting, transporting, processing or marketing source separated materials or may contract, subject to competitive bidding, with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials, if the recycling, transportation, collection or storage activity or facility is conducted or operated in a manner that is consistent with the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., this Part and the regulation promulgated pursuant thereto. Any such person shall be jointly and severally responsible with the Township of Ross when carrying out its duties for transportation, collection or storage activity or facility.

§ 20-206 Designated Sites.

[Ord. 1710, 9/10/1990, § 6; as amended by Ord. 2288, 4/12/2010]

The Board of Commissioners hereby requires that all municipal waste generated within its jurisdiction shall be disposed of or processed at a designated permitted facility. Such facility shall retain this part of a plan submitted to the Department of Environmental Protection pursuant to § 501(a), (b) or (c) of the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.501(a),(b) or (c). Upon approval of a municipal waste management plan for the County of Allegheny by the Department, the site for the disposal or processing of the Township of Ross waste shall, thereafter, be designated thereby.

§ 20-207 Township of Ross Recycling Program.

[Ord. 1710, 9/10/1990, § 7]

The Township of Ross hereby establishes and implements a source separation and collection program for recyclable materials in accordance with § 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.1501. The source separation and collection program shall include the following regulations:

Persons are hereby required to separate at least three materials, deemed appropriate hereafter, from other municipal waste generated at their homes, apartments and other residential establishments and to store such material until collection. At least three materials shall be designated periodically by resolution from the following: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics. Nothing in this Part shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the contractor.

Persons are hereby required to separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composting of leaf waste. Leaf waste will be placed in Ross Township approved bags for collection.

Persons must separate high grade office paper, aluminum, corrugated paper and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this paragraph if that person submits documentation to the Township annually indicating that the designated recyclable materials are being recycled in an appropriate manner. If recyclable materials are collected by a collector other than the Township or its authorized agent, the collector shall provide the occupants of said establishments with the tonnage of materials recycled during the previous year. Occupants shall then submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.

Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall be responsible for leaving the allocated container within the residence or shall pay the replacement cost of the said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this Part.

The contractor shall collect recyclable materials from curbside or similar locations designated by resolution at least once per month from each residence or other person generating municipal waste in the Township of Ross.

An owner, landlord, or agent of an owner or landlord of a multi-family rental housing property with more than two units must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. If recyclable materials are collected by a collector other than the Township or its authorized agent, owners, landlords shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.

§ 20-208 Public Notice.

[Ord. 1710, 9/10/1990, § 8]

The Township of Ross shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. As a part of this program, the Township Manager shall at least 30 days prior to the initiation of the recycling program, and at least once every six months thereafter, notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this Part. The Township Manager shall as he deems necessary and appropriate, place an advertisement in a newspaper circulating in the Township of Ross, post a notice in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to residential taxpayers or utilize any combination of the foregoing.

§ 20-209 Drop-Off Centers.

[Ord. 1710, 9/10/1990, § 9]

Persons who operate a municipal waste landfill, resource recovery facility or transfer station under contract within the Township of Ross shall establish at least one drop-off center at the location designated by the Township of Ross by resolution of the Board of Commissioners, for the collection and sale of at least three recyclable materials. The materials shall be chose by the Board of Commissioners pursuant to a resolution from the following: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastic. The center shall be located at the facility or in a place that is easily accessible to persons generating municipal waste that is processed or disposed at the facility. Each drop-off center must contain bins or containers where recyclable materials may be placed or temporarily stored. If the operation of the drop-off center requires attendants, the center shall be open at least eight hours per week, including four hours during evenings or weekends, pursuant to a schedule established by resolution of the Board of Commissioners.

Each operator shall, at least 30 days prior to the initiation of the drop-off center program and at least once every six months thereafter, provide public notice of the availability of the drop-off center. The operator shall place an advertisement in the newspaper circulating in the Township of Ross or provide notice in another manner approved by the Board of Commissioners.

§ 20-210 Commercial Licensing.

[Ord. 1710, 9/10/1990, § 10]

Any private operator who has customers within the Township shall be required to obtain an annual permit from the Township. Applications shall be made on forms supplied by the Township. The Township shall charge an annual permit fee in such amounts as the Board of Commissioners shall, from time to time, mandate by resolution duly adopted. Said operator shall, on forms supplied by the Township and at such times as shall be required by the Township supply information concerning its customers and volume of recyclable items collected.

§ 20-211 Anti-Interference.

[Ord. 1710, 9/10/1990, § 11]

It shall, after the date of the adoption hereof, be unlawful for any person to interfere with the Township's recycling program in any matter whatsoever, including, but not being limited to:

Littering of recyclable materials placed for collection.

Unauthorized removal of recyclable materials.

Unauthorized removal of recyclable material containers.

Destruction of recyclable materials and/or containers.

§ 20-212 Annual Report.

[Ord. 1710, 9/10/1990, § 12]

On or before February 15 of each year, the Township Manager shall submit a report to the County of Allegheny which shall describe the weight or volume of materials that were recycled by the Township recycling program in the preceding year.

§ 20-213 Penalties.

[Ord. 1710, 9/10/1990, § 13; as amended by Ord. 2288, 4/12/2010]

Any person, other than a Township official exercising his official duties, who violates any provisions of this Part, any resolution enacted hereunder on the terms or conditions of any contract awarded in the implementation of this Part, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.